Legal Question in Family Law in California

Who claims child support on IRS forms?

My ex wife and I have been divorce for 3 years and the divorce papers specify that I can claim both children on my income tax forms. Now she wants to claim one of the children on hers. She is telling me that its a simple modification and she has the right to claim one. Is this the truth? I'm paying her child support for both children and she can still claim one on her income taxes? Please advice. Thanks


Asked on 7/25/06, 2:32 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Who claims child support on IRS forms?

The parent with whom the child lives more than 50% of the time can claim the child as a dependent. I would suggest that the two of you work with a CPA to determine the course of action that results in the leas total taxes that the two of you pay. Then share in the savings.

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Answered on 7/28/06, 8:26 pm


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